Wisconsin Supreme Court Hears Oral Arguments on the Enforcement of Pro-Life Law

Oral arguments were heard today on the enforcement of Wisconsin’s original pro-life law, s.940.04. A lawsuit was filed by Attorney General Josh Kaul in June 2022 following the overturning of Roe v. Wade. Kaul argued that the 1985 law that mentions prohibiting post-viability abortions replaces s.940.04.

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During the oral arguments, attorneys representing Attorney General Josh Kaul, the interveners, District Attorney Chisholm, and District Attorney Ozanne argued that there is an implied repeal of s.940.04 because there have been subsequent laws applying to abortion since s.940.04 was enacted.

In response, Heather Weininger, Executive Director of Wisconsin Right to Life shared, “It was clear that the majority of the Wisconsin Supreme Court was there to legislate from the bench today. District Attorney Urmanski’s attorney had to remind those members of the court that the reason they were there today was not to be the legislature, but to determine if in fact the lower court’s decision was applicable.”

The court did not give an indication of when a decision will be made.